Karuna Hial Vs State of Odisha

The Petitioner is an accused in connection with T.R. Case No.30 of 2021 pending on the file of learned Addl. Sessions Judge-cum-Spl. Judge, Gunupur arising out of Muniguda P.S. Case No.18 of 2021 for commission of offence alleged under Sections 20(b)(ii)(C)/29 of the NDPS Act.

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Learned counsel, on instruction, submits that except the present BLAPL, no other bail application of the Petitioner relating to the aforementioned P.S. case is pending in any other Court.

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Being aggrieved by the rejection of his application for bail U/s.483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) by the learned Addl.

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Sessions Judge-cum-Special Judge, Gunupur by order dated 22.11.2024 in the aforementioned cases, the present BLAPL has been filed.

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The allegation against the Petitioner is that he along with co-accused were involved in transportation of contraband (ganja) to the tune of 51 kgs 540 grams.

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It is submitted that the alleged occurrence took place on 03.02.2021 and the Petitioner was taken into custody on 19.07.2021 and the implication was on account of the co-accused statement. 7. It is the further submission of the learned counsel for the Petitioner that the accused, from whose conscious possession the contraband was seized, has since been released on bail by this Court by order dated 10.05.2022 in BLAPL No.1578 of 2021, hence further continuance of the Petitioner in custody is not warranted.

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Taking into account the submission of the learned counsel for the Petitioner that the trial is lingering, status report was called for from the learned Court in seisin. The said reads as under; “xxx xxx xxx

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The accused Karuna Hial is facing trial for offences punishable under section 20(b)(ii)(C)/29 of N.D.P.S. Act. Charge against the accused was framed on 08.02.2023. The prosecution evidence

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commenced on 07.07.2023. Out of 22 witnesses cited in the charge sheet, 04 witnesses have been examined so far. Three more witnesses are proposed to be examined for the prosecution as per memo dated 06.12.2024 submitted by the Special P.P. Now the case stands posted to 23.12.2024 for trial.

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xxx xxx xxx”

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An affidavit has been filed by the learned counsel at the behest of the Petitioner indicating that apart from the present case, there is no other criminal case pending against him. 10. On perusal of the order of rejection, it is seen that the Petitioner has already been acquitted in the six cases, cited as antecedent. 11. Considering the snail’s pace at which the trial is progressing, the basis of implication and the release of the co-accused from whose conscious possession the contraband was seized, this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned Court in seisin. 12. Additionally, it is directed that the Petitioner shall appear before the jurisdictional police station once every month on such date and time to be fixed by the learned Court in seisin till conclusion of trial. Certification of such appearance shall be submitted to the Court in seisin.

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Accordingly, the BLAPL stands disposed of.

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Urgent certified copy of this order be granted as per rules.

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(V. NARASINGH) Judge

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Santoshi

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Signature Not Verified

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Digitally Signed Signed by: SANTOSHI LENKA Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa Date: 23-Dec-2024 15:26:15

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Karuna Hial v. State of Odisha

Case brief

What is this about?

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Karuna Hial v. State of Odisha

Case brief

What is this about?

What did the court decide?

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